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PERJURY. Prevarication I

There is [an offence] a species of misbehaviour of the nature of Perjury
which demands punishment on the same
principles, but which has scarcely yet been
considered as being within the line of it, I
mean that of rendering a false account of
[sometimes by appearance but more commonly
by device] of intentions motive & inducements
Now these body as much matter of fact as
any other, with this difference that they are
transacted in the mind of the party where they can
immediately be contemplated by him alone, instead of being transacted in any material place which are no more inapt in their own nature to their
being made regarded as foundations of Perjury, than any

Incapable as they are, from this their notary
of any direct disproval, they are liable to
a detection equally satisfactory as if they were
and that in two ways:

1st By pardon opposite declarations.

2nd By comparison with acknowledged facts,
which, the nature of men being given, may
be seen sometimes have a connection sometimes highly probable
sometimes in a manner necessary, with intentions
or motive inconsistent with those

For acts like these, which however refus opposite
to truth, & repugnant to which,
many persons might perhaps ill brook
to see involved in the appellation & the
Punishment of Perjury, a new namex x (new I mean as thus applied)
& punishment somewhat distinct might perhaps with some effect
be applied, that of Prevarication
brung however (every external
fact being agreed on) turn entirely on the
question not only of intention, but even
of nature, and the satisfaction of (those who
are to judge) of the falsity of the allegations
respecting those particulars is capable of being
(considered) as compleat, as of the existence
or non-existence of any visible phenomenon.

A Justice of the Peacex x Information RIS Joseph Deane Esqr. M. 1773. being prosecuted by Information
for a misdemeanour in refusing
to renew the Licence of a Victualler
for an unwarrantable cause: viz. the distinct ground
being of a nuisance upon the Highway
in this affidavit swears, that he refused because
the house was an house of ill bad form.

It may be said however, that for the punishing

He does not go so far as to swear, that the refusal was
not on account of the nuisance: and it

Identifier: | JB/047/005/002
"JB/" can not be assigned to a declared number type with value 47.


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perjury prevarication i





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jeremy bentham


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